What are the similarities and differences between economic arbitration and economic litigation?

What they all have in common is the difference in resolving economic disputes: arbitration is more efficient, and economic disputes can be resolved at one time, and for those that have already been arbitrated, both parties or either party must enforce it whether they want to or not, and they cannot re-initiate arbitration, which is highly efficient. Litigation is settled by legal means, which is generally more reasonable, but it is inefficient and takes too long.

If either party or any party disagrees with the outcome of the lawsuit, a second lawsuit may be filed.

What they have in common is as follows:

1. The main body of the dispute is a special institution established in accordance with the laws and regulations of the state, that is, the people's court or arbitration institution.

2. Arbitration and litigation must follow certain procedures.

3. Certain rules and systems in arbitration and litigation are consistent. For example, both include systems of preservation measures, mediation, recusal and statute of limitations.

4. The arbitral award has the same legal effect as the litigation judgment, and both parties must fully perform it, and if either party fails to perform, the other party may apply for enforcement.

The main differences are as follows:

1. The basis of jurisdiction is different. Litigation is subject to territorial jurisdiction and hierarchical jurisdiction, which is mandatory. However, arbitration is governed by agreement, which is voluntarily agreed upon by both parties and has autonomy, and such autonomy has the effect of excluding the jurisdiction of the court, but the arbitration agreement must clearly stipulate the arbitration matters and the arbitration institution.

2. The scope of acceptance is different. The arbitration commission only accepts contract disputes and other property rights and interests disputes between equal subjects. Cases involving marriage, adoption, guardianship, maintenance, inheritance and administrative disputes cannot be arbitrated.

3. The procedures applicable to the trial are different. The arbitration rules of the arbitration institution shall apply, and the parties shall select the arbitrator to handle the case, and the parties may agree on the specific procedures. Litigation must be conducted in strict accordance with the provisions of the Civil Procedure Law, and the parties may not agree.

4. The principles of trial are different. The principle of non-disclosure is implemented in arbitration, and the facts of the case, **, and award are not disclosed, unless the parties agree to disclose them. Litigation is based on the principle of openness.

5. The review level is different. The litigation is subject to the second-instance final adjudication system, while the arbitration is subject to the first-instance final adjudication system, and the arbitral award has legal effect once it is made, and neither party can apply for arbitration for the same dispute again.

To sum up, arbitration, as a way of resolving disputes, is characterized by:

1. Fully embodying the autonomy of the parties, the parties may freely agree on the arbitration institution, arbitration matters, the composition of the arbitral tribunal and other specific procedures, and may choose arbitrators to handle the case.

2. The arbitration procedure is simple and flexible, the time limit is relatively short, and the speed and cost of handling disputes are relatively fast.

3. The arbitration is not conducted in public, and the environment of the trial is relatively relaxed and the confidentiality is strong, which can prevent the disclosure of the situation that the parties are unwilling to disclose and avoid affecting the business reputation.

Analysis of legal conjugation: the difference between economic arbitration and economic litigation: (1) The basis for jurisdiction is different.

2) The organization is different. (3) The review system is different. (4) The scope of the case is different.

5) **The principle of trial is different. (6) The parties have different ways to remedy the effective instrument. (7) The court applying for enforcement of the effective instrument is different.

Basis of the law: Article 22 of the Arbitration Law of the People's Republic of China Where a party applies for arbitration, it shall submit the arbitration agreement, the arbitration application and a copy thereof to the Arbitration Commission.

1) The basis on which jurisdiction arises is different.

2) The organizational structure is different.

(3) The review system is different.

(4) The scope of the case is different.

5) **The principle of trial is different.

(6) The parties have different ways to remedy the effective instrument.

7) The application for enforcement of effective documents is different.

Legal basis] Article 22 of the Arbitration Law stipulates that when a party applies for arbitration, it shall submit the arbitration agreement, the arbitration application and a copy thereof to the arbitration commission.

Legal analysis: The difference between economic arbitration and economic litigation is mainly based on different jurisdictions, different organizational structures, different trial systems, different scope of cases, different principles of trial, different ways for the parties to remedy the effective documents, and different courts for applying for enforcement of the effective documents.

Legal basis: In accordance with Article 1 of the Arbitration Law of the People's Republic of China, this Law is formulated to ensure fair and timely arbitration of economic disputes, protect the legitimate rights and interests of the parties, and ensure the healthy development of the socialist market economy.

1. The institutions for handling disputes between the two are different.

The arbitration is accepted by the local arbitration committee, and its supervisory body is the China Arbitration Association. Litigation is heard by the courts, and the supervisory body is the procuratorate.

2. Once the parties to the contract agree to choose arbitration to resolve the contract dispute, they cannot go to the court to file a lawsuit.

3. Arbitration is based on the principle of voluntariness, and litigation is not subject to the will of the other party.

4. The scope of acceptance is different, arbitration can only accept contract disputes and other property rights and interests disputes between citizens, legal persons and other organizations of equal subjects, while courts can accept all kinds of disputes.

5. The procedure is different, arbitration is a final award, and the court generally no longer reviews from the entity when applying for revocation, and can be revoked if there is an obvious error in the procedure; If the lawsuit is not satisfied with the first-instance trial, it can also be appealed, and if the second-instance trial is not satisfied, it may apply for a retrial within two years.

6. Cases heard by the arbitral tribunal are usually not public, and the award is not public; People's courts implement the principle of open trial of cases, except where trial should not be open in accordance with law.

For economic disputes, the statute of limitations stipulated in China's legal system is three years, but it has not been stipulated that economic disputes must be handled through arbitration, in fact, there are strict conditions for applying for arbitration of economic disputes, and an arbitration agreement is required, and if there is no arbitration agreement, the arbitration commission will not accept the arbitration application of the parties.

1. What are the ways to resolve economic disputes?

1. Arbitration and civil litigation are two different ways to resolve disputes. In the event of a dispute between the parties, only one of the two methods of arbitration or civil litigation can be selected. A valid arbitration agreement may exclude the jurisdiction of the courts.

The court can exercise jurisdiction only if there is no arbitration agreement or the arbitration agreement is invalid, or if the parties waive the arbitration agreement, which is known in law as the principle of arbitration or adjudication.

The scope of application of the Arbitration Law is contractual disputes or other property disputes between citizens, legal persons and other organizations that are equal subjects. Disputes related to persons shall not be subject to the Arbitration Law, and labor disputes with administrative management relationships and disputes arising from agricultural contracts may be arbitrated by organizations prescribed by law, but shall not be regulated by the Arbitration Law.

According to the provisions of the Arbitration Law, contract disputes and other property disputes between citizens, legal persons and other organizations that are equal subjects may be arbitrated, but disputes over marriage, adoption, guardianship, maintenance, inheritance, and administrative disputes handled by administrative organs in accordance with the law cannot be arbitrated.

2. The choice of administrative reconsideration and administrative litigation is related to the nature of the dispute. According to the different provisions of the law, some can directly file a lawsuit with the court, or they can apply for administrative reconsideration first, and then file a lawsuit when they are not satisfied with the administrative reconsideration decision; Some can only apply for administrative reconsideration first, and can only file an administrative lawsuit if they are dissatisfied with the administrative reconsideration decision; Others can only be resolved through administrative reconsideration, and the administrative organ will make a final ruling on the dispute.

The differences between economic arbitration and civil litigation include: different conditions for initiation; Institutions are different; The rights of the parties are different; The procedure is different; Fees are different. The Arbitration Law stipulates that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.

1. Is tort damages suitable for arbitration?

The relevant provisions of arbitration may be applied to tort damages, but only in the case of contract disputes and property damage disputes; Arbitration is not applicable to group disputes. China's Civil Code stipulates that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.

2. Can private lending be arbitrated?

OK. China's Arbitration Law stipulates that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated. The following disputes cannot be arbitrated:

1) Marriage, adoption, guardianship, maintenance, or inheritance disputes; (2) Administrative disputes that shall be handled by administrative organs in accordance with law.

3. Do infringement disputes have to be arbitrated?

In the case of infringement disputes, if the parties have reached an arbitration agreement, arbitration may be conducted. However, arbitration is not necessary, and the parties can also apply litigation to resolve the matter. The Arbitration Law stipulates that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.

Article 2 of the Arbitration Law of the People's Republic of China.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 3. The following disputes cannot be arbitrated:

1) Marriage, adoption, guardianship, maintenance, inheritance, and imitation disputes;

(2) Administrative disputes that shall be handled by administrative organs in accordance with law.

An arbitration agreement is required in order to be able to refer the matter to the arbitration commission. There is no such requirement in litigation.

Economic arbitration is a method of peaceful settlement of economic disputes, in which both parties voluntarily submit the disputed matters or issues to an impartial third party for hearing, which will make a binding award on both parties.

Economic litigation refers to the activities of the people's courts in hearing and resolving economic dispute cases with the participation of both parties and other litigation, as well as the general term for the litigation legal relations arising from these activities.